spridgets
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Re: CA- no insurance...

To: Jacques Le Clainche <hobbycars@cox.net>
Subject: Re: CA- no insurance...
Date: Fri, 11 Nov 2005 13:26:21 -0800
Cc: spridgets@autox.team.net
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References: <20051111083056.97A54D5E6@smtpout-3204.bay.webtv.net> <4374C378.8070006@earthlink.net> <001201c5e6e6$af859140$6500a8c0@Jleclainche1>
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Jacques Le Clainche wrote:

>     A few years after I came to the states, my wife's car was hit in
>     El Cajon, CA, by a motorcyclist who was "splitting lane" (legal in
>     CA), attempting to pass her on the right (he was going straight)
>     as she was turning right into a store driveway. She had her turn
>     signals on.  

It does not make any difference if she had her turn indicators on, for 
your wife was as innocent as innocent can be.  The California Vehicle 
Code is explicit in that ANYONE passing on the right  in an unmarked 
lane if guilty of unsafe passing if they are in an accident.  Period.  
End of argument.  Don't even think of pleading not guilty!!!

>     As the motorcyclist said he was unhurt, the policeman  refused to
>     write a report. 

The cop should be fired!  He is required to write a report if either 
party demands them, or if there is an obvious violation.  (He cannot 
issue a citation at the scene because it did not happen in his presence, 
but the citation and complaint is to be made after investigation by a 
stupidvisor.

>     The motorcyclist had a license but admitted he had no insurance,
>     right in front of the policeman. I don't know if the policeman
>     could have, but he did not cite the motorcyclist.  He did not
>     check the tags on the motorcycle either. The policeman told my
>     wife and the motorcyclist to exchange cards with details, and that
>     was it! 

Again, he should be fired for laziness.   Ooooops, police unions will 
not stand for firing for laziness!  Not only could he cite the 
motorcyclist, he could have and should have  impounded the motorcycle!

>     Our insurance (State Farm) first said they would rather pay off
>     the motorcyclist than fight the case!

And THAT is exactly what encourages such frivilous lawsuits and costs 
all of us money!  Until companies and insurance companies get the 
gumption to fight unscrupulous lawsuits, they will continue to 
proliferate and the innocent policy holders will have to pay the price! 
  (The insurance companies don't lose money.  They just pass the costs 
on to the policy holders!)

Buster




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